Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56683

DATES: Submit either electronic or dosage form specifications, for OTC 2. Comment No. FDA–1978–N–0018– written data and information by October sunscreen drug products. Among the DRAFT–5227. 17, 2011. data requested is data necessary to 3. Comment No. FDA–1978–N–0018– ADDRESSES: You may submit comments, resolve specific questions about the DRAFT–5228. identified by Docket No. FDA–1978–N– effectiveness and safety of OTC Dated: September 9, 2011. 0018 (formerly Docket No. 1978N–0038) sunscreens in spray dosage forms. Leslie Kux, and/or RIN number 0910–ZA40, by any II. Extension of the Comment Period Acting Assistant Commissioner for Policy. of the following methods: In response to the June 17, 2011, [FR Doc. 2011–23479 Filed 9–13–11; 8:45 am] Electronic Submissions ANPRM, three submissions (Refs. 1, 2, BILLING CODE 4160–01–P Submit electronic comments in the and 3) requested an extension of the following way: comment period, which will end on • Federal eRulemaking Portal: http:// September 15, 2011. Two of the DEPARTMENT OF THE INTERIOR www.regulations.gov. Follow the submissions requested that FDA extend Bureau of Ocean Energy Management, instructions for submitting comments. the comment period by 30 days so that the comment period totals 4 months Regulation and Enforcement Written Submissions (Refs. 1 and 2). The other submission Submit written submissions in the requested that FDA extend the comment 30 CFR Part 250 following ways: period by 90 to 180 days so that the [Docket ID BOEM–2011–0003] • Fax: 301–827–6870. comment period totals 6 to 9 months • Mail/Hand delivery/Courier (for (Ref. 3). The submissions cited the need RIN 1010–AD73 paper, disk, or CD–ROM submissions): for additional time to evaluate their Oil and Gas and Sulphur Operations in Division of Dockets Management (HFA– available data and to organize and the Outer Continental Shelf—Revisions 305), Food and Drug Administration, submit the data and information that to Safety and Environmental 5630 Fishers Lane, Rm. 1061, Rockville, best addresses FDA’s request while Management Systems MD 20852. simultaneously implementing the new Instructions: All submissions received requirements for their sunscreen AGENCY: Bureau of Ocean Energy must include the Agency name, Docket products imposed by the Labeling and Management, Regulation and No. FDA–1978–N–0018, and RIN 0910– Effectiveness Testing final rule that Enforcement (BOEMRE), Interior. ZA40 for this rulemaking. All comments published in the Federal Register of ACTION: Proposed rule. received may be posted without change June 17, 2011 (76 FR 35620). to http://www.regulations.gov, including FDA is extending the comment period SUMMARY: This rulemaking proposes to any personal information provided if to end on October 17, 2011. A total amend BOEMRE regulations to require not marked as confidential. For comment period of 4 months is operators to develop and implement additional information on submitting sufficient for the public to submit additional provisions in their Safety and comments, see the ‘‘Request for comments to the ANPRM. Environmental Management Systems Comments’’ heading of the (SEMS) programs for oil, gas, and SUPPLEMENTARY INFORMATION section of III. Request for Comments sulphur operations in the Outer this document. Interested persons may submit to the Continental Shelf (OCS). These Docket: For access to the docket to Division of Dockets Management (see revisions pertain to developing and read background documents or ADDRESSES) either electronic or written implementing stop work authority and comments received, go to http:// comments, data, and information by ultimate work authority, requiring www.regulations.gov, insert the docket October 17, 2011. It is only necessary to employee participation in the number, found in brackets in the submit one set of comments, data, and development and implementation of heading of this document, into the information. It is no longer necessary to SEMS programs, and establishing ‘‘Search’’ box and follow the prompts two copies of mailed comments, data, requirements for reporting unsafe and/or go to the Division of Dockets and information. Identify submissions working conditions. In addition, this Management, 5630 Fishers Lane, Rm. with the docket number found in proposed rule requires independent 1061, Rockville, MD 20852. brackets in the heading of this third parties to conduct audits of FOR FURTHER INFORMATION CONTACT: document, and may be accompanied by operators’ SEMS programs and Reynold Tan, Center for Drug supporting information. Received establishes further requirements relating Evaluation and Research, Food and submissions may be seen in the Division to conducting job safety analysis (JSA) Drug Administration, 10903 New of Dockets Management between 9 a.m. for activities identified in an operator’s Hampshire Ave., Bldg. 22, Rm. 5411, and 4 p.m., Monday through Friday. SEMS program. We believe that these Silver Spring, MD 20993–0002, 301– Information submitted after the closing new requirements will further reduce 796–2090. date will not be considered except by the likelihood of accidents, injuries, and SUPPLEMENTARY INFORMATION: petition under 21 CFR 10.30. spills in connection with OCS activities that are regulated under BOEMRE I. Background IV. References jurisdiction, by requiring OCS operators In the Federal Register of June 17, The following references are on to specifically address issues associated 2011 (76 FR 35669) (the June 17, 2011, display in the Division of Dockets with human behavior as it applies to ANPRM), FDA published an ANPRM Management (see ADDRESSES) under their SEMS program. that requested data and information on Docket No. FDA–1978–N–0018 and may DATES: Submit comments by November OTC sunscreen products marketed be seen by interested persons between 14, 2011. BOEMRE may not fully without approved applications that are 9 a.m. and 4 p.m., Monday through consider comments received after this formulated in certain dosage forms. FDA Friday. date. Submit comments to the Office of requested these data to help establish 1. Comment No. FDA–1978–N–0018– Management and Budget on the OTC monograph conditions, including DRAFT–5225. information collection burden in this

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 56684 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules

proposed rule by October 14, 2011. This BOEMRE’s jurisdiction. For example, if make offshore oil and gas activity safer does not affect the deadline for the the operator’s activities fall within the and with appropriate protections for public to comment to BOEMRE on the regulatory purview of another agency workers and the environment. BOEMRE proposed regulations. (including, e.g., United States Coast may consider further safety and ADDRESSES: You may submit comments Guard, Department of Homeland environmental protection requirements on the rulemaking by any of the Security), the operator is also required as well as other measures in future following methods. Please use the to follow that agency’s regulations. rulemakings. This may include Regulation Identifier Number (RIN) Operations and activities that are consideration of further interagency 1010–AD73 as an identifier in your regulated under BOEMREs jurisdiction coordination, further analysis of message. See also Public Availability of and that should be identified/discussed performance-based and prescriptive Comments under Procedural Matters. in an operators SEMS plan cover requirements, and maintaining a flexible • Federal eRulemaking Portal: http:// industrial activities. These cover such approach to adopting requirements that www.regulations.gov. In the entry titled activities as, mineral exploration, can keep up with evolving technologies ‘‘Enter Keyword or ID,’’ enter BOEM– development, pipeline transportation, so as to promote systematic safety and 2011–0003 then click search. Follow the storage, production, drilling, completion other relevant matters. BOEMRE instructions to submit public comments and workover. A system/sub-system anticipates, in the near future, issuing and view supporting and related breakdown of what is regulated under an advanced notice of proposed materials available for this rulemaking. BOEMREs jurisdiction can be found in rulemaking (ANPRM) that will solicit BOEMRE will post all comments. Annex 1 of MMS/USCG MOA: OCS–01 public comment regarding potential • Mail or hand-carry comments to the and in the MMS/USCG MOA: OCS–04 new safety measures for offshore Department of the Interior; Bureau of (these documents have been placed in operations. The ANPRM will include Ocean Energy Management, Regulation the public docket). Operators should discussion of a range of new measures and Enforcement; Attention: Regulations refer to these documents when that are intended to encourage public and Standards Branch (RSB); 381 Elden developing, implementing and auditing comment on potential new prescriptive Street, MS–4024, Herndon, Virginia their SEMS plan. requirements, as well as performance- 20170–4817. Please reference The importance of this proposed rule based standards, designed to further ‘‘Revisions to Safety and Environmental is highlighted by the Deepwater Horizon enhance the safety of offshore energy Management Systems (SEMS), 1010– event on April 20, 2010. The blowout of operations and promote appropriate AD73’’ in your comments and include the BP Macondo well, and the resulting safety culture in those operations. your name and return address. explosion on the Deepwater Horizon It is the intention of BOEMRE to share • Send comments on the information drilling rig, resulted in the deaths of 11 information with the public on collection in this rule to: Interior Desk workers, the loss of the Deepwater aggregated results from SEMS audits. Officer 1010–AD73, Office of Horizon, and an oil spill of national BOEMRE will develop metrics that Management and Budget; 202–395–5806 significance. Although the causes of the demonstrate industry’s degree of (fax); e-mail: [email protected]. event continue to be under compliance with this new regulatory Please also send a copy to BOEMRE. investigation, the event further requirement. illustrates the importance of ensuring FOR FURTHER INFORMATION CONTACT: Summary of the Proposed Rule safe operations on the OCS. BOEMRE David Nedorostek, Safety and therefore intends to continue to evaluate BOEMRE proposes to expand, revise, Enforcement Branch, BOEMRE, (703) findings from ongoing investigations and add several new requirements 787–1029. and reviews into the Deepwater Horizon necessary for more thorough SEMS SUPPLEMENTARY INFORMATION: On event, as well as other issues related to programs, and to facilitate BOEMRE October 15, 2010, BOEMRE published a managing human factors to promote oversight. BOEMRE believes the final rule that established a new subpart safety and environmental protection for following requirements are necessary S in part 250, containing SEMS offshore oil, gas, and sulphur provisions to ensure a complete safety requirements for all OCS operators (75 development. management program on OCS facilities FR 63610). This proposed rule would This proposed rule will further that are regulated under BOEMRE add to and amend those requirements. enhancements to operators’ SEMS jurisdiction. These six additional This proposed rule would apply to all programs. SEMS programs, properly requirements provide several key ways OCS oil and gas and sulphur operations implemented by the operator, are for offshore employees to help ensure and facilities under BOEMRE designed to improve the safety safe operation of activities that are jurisdiction including drilling, performance of offshore operations. regulated under BOEMRE jurisdiction production, construction, well Because SEMS programs focus on the on the OCS. The addition of a workover, well completion, well overall safety performance of offshore mandatory independent third party servicing, and Department of the operations activities that are regulated auditor brings necessary objectivity to Interior (DOI) pipeline activities. under BOEMRE jurisdiction, as opposed identifying good practices and any Nothing in this proposed rule would to compliance with specific prescriptive deficiencies that may exist in an affect the Coast Guard’s authority with requirements governing those operator’s SEMS program. respect to safety regulations and operations, the success of a SEMS (1) Procedures to authorize any and authorities, and jurisdiction over vessels program ultimately depends on how all employees on the facility to and offshore facilities. Thus, because effectively the operator engrains the implement a Stop Work Authority several other agencies have jurisdiction principles underlying SEMS into the (SWA) program when witnessing an over certain aspects of OCS activities safety culture of their operations. activity that is regulated under BOEMRE and some of these agencies require the BOEMRE remains actively engaged with jurisdiction that creates a threat of use of safety management systems, the industry regarding the substance and danger to an individual, property, and/ requirements related to SEMS programs implementation of SEMS programs. or the environment; under this subpart do not affect BOEMRE will continue to analyze (2) Clearly defined requirements operators’ obligations to comply with information that becomes available, and establishing who has the ultimate other regulatory requirements outside of to implement standards necessary to authority on the facility for operational

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56685

safety and decision making at any given What criteria for hazards analyses must in accordance with their duties and time; my SEMS program meet? (§ 250.1911) responsibilities. Training would have to (3) A plan of action that shows how BOEMRE proposes additional address the methods of recognizing and operator employees are involved in the requirements for conducting a JSA. The identifying hazards and how to develop implementation of the American proposed requirements would improve and implement JSAs (§ 250.1911), Petroleum Institute’s Recommended the effectiveness of the JSA through operating procedures (§ 250.1913), safe Practice for Development of a Safety better identification of risks and work practices (§ 250.1914), emergency Environmental Management Program for hazards. The operator would be response and control measures Offshore Operations and Facilities (API required to ensure a JSA is prepared, (§ 250.1918), stop work authority RP 75), as incorporated by reference in conducted, and approved for OCS (§ 250.1930), ultimate work authority the subpart S regulatory requirements in activities that are regulated under (§ 250.1931), employee participation the October 15, 2010, final rule; BOEMRE jurisdiction and identified or program (§ 250.1932), and the reporting (4) Guidelines for reporting unsafe discussed in the SEMS program. A JSA of unsafe work conditions (§ 250.1933). work conditions related to an operators is a technique used to identify risks to Proposed § 250.1915 (c) and (d) would SEMS program, that provide all personnel associated with the activity employees the right to report a possible ensure that changes in standards would and the appropriate mitigation to reduce be communicated to operator personnel safety or environmental violation(s) and these risks. The analysis must include to request a BOEMRE inspection of the and that training for contractor all personnel involved with or affected personnel would be verified. facility if they believe there is a serious by the activity being conducted. The threat of danger or their employer is not JSA must identify, analyze, and record: What are the auditing requirements for following BOEMRE regulations; the steps involved in performing a my SEMS program? (§ 250.1920) (5) Revisions that require operators specific job; the existing or potential with SEMS programs to engage safety and health hazards associated BOEMRE proposes to revise this independent third party auditors to with each step; and the recommended section by removing the option for the conduct all audits of operators’ SEMS action(s) or procedure(s) that will operator to use designated and qualified programs and that the independent eliminate or reduce these hazards and operator personnel to perform an audit third party auditors must meet the the risk of a workplace injury or illness. of the SEMS program. Use of an criteria listed in Section 250.1926 of this If a particular activity is conducted on independent third party will provide for proposed rule; a recurring basis, and if the parameters increased objectivity in regards to (6) Additional requirements for of these recurring activities do not improving personnel safety and conducting a JSA. change, then the person in charge of the achieving environmental protection as Section-by-Section Discussion of the activity could decide that a JSA for each compared to utilizing a designated and Proposed Requirements employee engaged in that activity is not qualified person of the operator. required. The parameters the person in Therefore, BOEMRE would require that What must I include in my SEMS charge would be required to consider in program? (§ 250.1902) audits of operators SEMS programs be making this determination include, but conducted by independent third parties. BOEMRE proposes additional are not limited to, changes in personnel, Independent third parties would be requirements to subpart S in this procedures, equipment, and/or required to meet the qualifications rulemaking. The proposed rule would environmental conditions associated under § 250.1926. revise this section to include references with the activity. to the following proposed new sections The immediate supervisor of the How will BOEMRE determine if my and requirements: stop work authority personnel conducting the work would SEMS program is effective? (§ 250.1924) (§ 250.1930), ultimate work authority be required to prepare the JSA, sign the (§ 250.1931), employee participation JSA, and ensure that all personnel BOEMRE proposes to require the (§ 250.1932), and guidelines for participating in the job sign the JSA as operator to conduct audits using only an reporting unsafe work conditions well. The person onsite designated by independent third party. The proposed (§ 250.1933). These new requirements the operator as the person in charge of rule would revise this section to be would need to be included in the the facility would have to approve and consistent with that requirement by operator’s SEMS program. sign the JSA and document the results removing the option to allow the of the JSA in writing. operator to use designated and qualified Definitions (§ 250.1903) The operator must conduct training operator personnel to perform an audit BOEMRE proposes to add definitions for all personnel on how to recognize of the SEMS program. The audit is the for management and mobile offshore and identify hazards as part of the initial step to determine if an operator’s drilling unit (MODU) in subpart S. SEMS program. The operator must SEMS program is effective. It will take Management would mean a team of provide the training required under this time to ascertain the ultimate individuals who have the day-to-day rule to employees within 30 days of effectiveness of this regulatory responsibilities for overseeing employment, and not less than once requirement. Provisions for submittal of operations conducted on a facility or every 12 months thereafter. accident and incident information in the providing instruction to operational initial SEMS rule published in October personnel, including but not limited to What criteria for training must be in my 2010, will provide metrics that will help employees and contractors working on a SEMS program? (§ 250.1915) demonstrate the effectiveness of this facility or in the company’s onshore BOEMRE proposes additional requirement. BOEMRE is also offices; Mobile offshore drilling unit or requirements for training so that all MODU would mean a vessel capable of personnel performing activities on the researching additional ways to engaging in drilling, well workover, well OCS that are regulated under BOEMRE determine the effectiveness of an completion or well servicing operations jurisdiction are trained to work safely operator’s SEMS program on an for exploring or exploiting subsea oil, and are aware of potential individual company basis. gas or other mineral resources. environmental considerations offshore,

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 56686 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules

What qualifications must an operator of whether or not the audit discussions with co-workers, independent third party auditor meet? report is sufficient and acceptable. supervisors, and/or safety (§ 250.1926) Under the proposal, the operator would representatives to attempt to resolve any BOEMRE proposes to revise this be responsible for the costs of the audit. safety issues that may be causing the imminent danger or risk. The proposed section by removing the option for the What are my recordkeeping and rule would provide that when a stop operator to use designated and qualified documentation requirements? work order under an SWA program use operator personnel to perform an audit (§ 250.1928) of the SEMS program. This section also is issued, the person in charge of the BOEMRE proposes adding additional activity that is subject to the order is would include new qualifications that requirements to subpart S in this the independent third party auditor responsible for ensuring the work is rulemaking. In the proposed rule, this stopped in an orderly and safe manner. must meet. section would be revised to include new The rule would provide further that The operator would be required to recordkeeping and documentation nominate an independent third party to work may be resumed upon a requirements. For stop work authority, determination by the person on the audit its SEMS program. The training and review records would have independent third party must be facility with ultimate work authority to be kept at the facility for 30 days, that the imminent danger or risk does capable of performing all tasks retained for two years, and made not exist or no longer exists. The associated with an audit. The operator available to BOEMRE upon request. The decision to resume activities would would be required to notify BOEMRE in operator would also have to document have to be documented as soon as writing of its nomination and to submit that all personnel participated in the practicable. a request to BOEMRE for approval of the development and implementation of the proposed third party auditor at least 30 SEMS program. Such records would What must be included in my SEMS days prior to the next audit. The request have to be retained for two years and program for ‘‘Ultimate Work Authority’’ must state the name and address of the made available to BOEMRE upon (UWA)? (§ 250.1931) nominated individual or organization. request. BOEMRE is also proposing a The request would have to include the requirement for operators to specify What must be included in my SEMS following items: Qualifications of the who has the Ultimate Work Authority program for ‘‘Stop Work Authority’’ nominated individual or organization (UWA) on fixed or floating facilities (SWA)? (§ 250.1930) relating to education and previous (i.e., floating production systems; experience with SEMS, or similar BOEMRE proposes to add a new floating production, storage and management related programs; previous section requiring operators to create and offloading facilities; tension-leg experience with BOEMRE regulatory implement an SWA program. This platforms; and spars) and on MODUs requirements and procedures; and the program would ensure that all performing activities under BOEMRE’s educational background and previous employees and personnel, including jurisdiction. The person with the UWA experience that qualifies the proposed contractors performing activities on the would be the person on the fixed or auditor to understand and evaluate how OCS that are regulated under BOEMRE floating facilities or MODU with the the operator’s offshore activities, raw jurisdiction, are given the responsibility final responsibility for making materials, production methods and and authority to stop work at the facility decisions. Under the proposed rule, the equipment, products, byproducts, and when such employees or personnel operator’s SEMS program must identify business management systems may witness an activity that is regulated all persons that could have UWA and impact health and safety performance in under BOEMRE jurisdiction that creates those persons must be designated as the workplace. A request would also an imminent risk or danger to the health such by the operator. Only a single have to include a signed statement that or safety of an individual or of the person would have UWA at any given the independent third party is not public or to the environment. The SWA time, so operators must take into owned or controlled by, or otherwise would include authority to stop the consideration all applicable Coast Guard affiliated with, the operator. An operator specific task(s) or activity that poses an regulations that deal with designating a would also need to have procedures to imminent risk or danger. Imminent risk ‘‘person in charge’’ (in accordance with avoid conflicts of interest related to the or danger would mean any condition, USCG regulations) of a MODU or OCS development of the operator’s SEMS activity, or practice in the workplace floating facility. program and the independent third that could reasonably be expected to The SEMS program would have to party auditor. The proposed rule would cause: (1) Death or serious physical define clearly who is in charge at all provide that if a third party auditor was harm immediately or before the risk or times, and would ensure that all involved in developing and/or danger can be eliminated through personnel clearly know who is in maintaining the SEMS program, then enforcement procedures; or (2) charge, including when that that person, organization, and/or its significant, imminent environmental responsibility shifts to a different subsidiaries could not audit the SEMS harm to land, air, aquatic, marine or person. The person with UWA must be program. subsea environments or resources. The known by name and be readily Under the proposed rule, after rule would provide further that identifiable, and accessible by every evaluating the third party’s individuals who receive notification to person on the MODU or fixed and qualifications, BOEMRE could accept or stop work must comply with the floating facility. This could be done, for not accept the operator’s independent direction immediately. In supporting instance, by posting a notice including third party nomination. If BOEMRE the safe execution of work and to contact information in a public and does not accept the nomination of an promote a culture of safety at work, all easily accessible location. independent third party, then the personnel should have the Proposed § 250.1931(c) would make it operator must submit a new nomination responsibility and authority to stop clear that the operator has the before the audit may go forward. work or decline to perform an assigned responsibility for ensuring its SEMS The audit report, once completed, task when an immediate risk or danger program is implemented on fixed and must be submitted to BOEMRE and the exists, without fear of reprisal. Persons floating facilities, and on MODUs operator. BOEMRE will notify the exercising the SWA should have conducting activities under BOEMRE’s

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56687

jurisdiction. The person with the UWA 46 CFR 109.419. The proposed rule grants, user fees, or loan programs or the has a key role in assuring that the would specify that a report should rights or obligations of their recipients. operator’s SEMS program is contain sufficient credible information (4) This proposed rule might raise implemented in a manner that addresses to establish a reasonable basis for novel legal or policy issues arising out personnel safety and protection of the BOEMRE to determine whether a of legal mandates, the President’s environment. violation or other hazardous or unsafe priorities, or the principles set forth in Proposed § 250.1931(d) would require working condition exists. Under the E.O. 12866. the SEMS program to provide that if an proposed rule, an employee or BOEMRE has prepared a Regulatory emergency occurs that creates an contractor would not be required to Impact Analysis (RIA) for this imminent risk or danger to the health or know whether a specific BOEMRE order rulemaking. The full analysis can be safety of an individual or the public or or regulation has been violated in order found on Federal eRulemaking Portal: to the environment (as specified in to report potentially unsafe conditions. http://www.regulations.gov. In the entry proposed § 250.1930(a)), the person The proposal would provide that the titled ‘‘Enter Keyword or ID,’’ enter with the UWA is authorized to pursue identity of any person making a report BOEM–2011–0003 then click search. any action necessary in that person’s under paragraph (c) of this section will Follow the instructions to view the RIA judgment to mitigate and abate the not be made available by BOEMRE, and submit public comments for this conditions, activities or practices without the permission of the reporting rulemaking. causing the emergency. This grant of person, to anyone other than the BOEMRE estimates the average authority is needed to ensure that employees of BOEMRE who have a need annual cost of complying with this necessary actions will be taken to deal for the record in the performance of rulemaking is $26.9 million, spread with a serious emergency. their official duties. Under the proposal, across all OCS oil and gas operators What are my employee participation after reviewing the report and with active operations. The benefits of program requirements? (§ 250.1932) conducting any necessary investigation, the proposed SEMS provisions in this BOEMRE would notify the operator of BOEMRE proposes to add a new rulemaking would come from enhanced any deficiency or hazard and initiate section to the rule that details operators’ safety for offshore workers and greater enforcement measures as the requirements relating to an employee protection of the marine environment. circumstances warrant. participation program. Under the These benefits would be realized The report could either be made in proposed rule, an operator’s through additional employee writing to the address provided in the management would be required to participation in safety procedures, regulation or verbally by calling the consult with its employees that perform training programs, notification BOEMRE hotline (1–877–440–0173). activities on the OCS that are regulated obligations, as well as strengthened As relates to the reporting of unsafe under BOEMRE jurisdiction on the safety and SEMS auditing procedures. work conditions, the operator would be development and implementation of the We estimated the costs of this responsible for: SEMS program. Management would also proposed regulation by totaling the costs (1) Posting a notice explaining have to develop a written plan of action from both the Paperwork Reduction Act personnel rights and remedies in a regarding how appropriate employees, (PRA) burden estimates and the visible location at the place of in both the operator’s offices and estimated required training costs added employment where employees frequent; working on offshore facilities, will through this rulemaking. BOEMRE (2) Providing training to personnel participate in the SEMS program estimates that the compliance costs for about their rights and responsibilities development and implementation. The this regulation are $15.2 million for within 30 days of employment, and at operator would have to provide each recordkeeping, administration, and least once every 12 months thereafter; employee and contractor employee related costs and $11.7 million for and access to the SEMS program and to all training costs. This yields a total (3) Providing personnel with a card other information required by API RP estimated annual compliance cost for containing a toll-free telephone number 75, as incorporated, and the employee this proposed rule of $26.9 million. to contact BOEMRE or file a complaint. participation program. Management Because OCS operators have until must provide BOEMRE a copy of the Procedural Matters November 15, 2011 to implement to all employee participation program upon thirteen elements of the SEMS program Regulatory Planning and Review request and make it available during an per 30 CFR 250.1900(a), the compliance (Executive Order (E.O.) 12866) audit. cost estimate for this regulation also This proposed rule is a significant considers burden hours for legacy What criteria must be included for rule as determined by the Office of implementation costs covered by the reporting unsafe work conditions? Management and Budget (OMB) and is PRA. These legacy PRA costs are (§ 250.1933) subject to review under E.O. 12866. estimated to be $40.0 million. If these BOEMRE is proposing guidelines for (1) This proposed rule would not have legacy costs are included the total the reporting of unsafe work conditions, an annual effect of $100 million or more estimated compliance cost for this which would permit operator personnel on the economy. It would not adversely proposed rule is $66.9 million ($15.2 + and contractors on any facility engaged affect in a material way the economy, $11.7 + $40.0 = $66.9 million). in OCS activities under BOEMRE productivity, competition, jobs, the The protection of human life and the jurisdiction to report to BOEMRE environment, public health or safety, or environment are the top priorities and violations of any BOEMRE order or State, local, or tribal governments or objectives of this rule. While it is regulation or any other provision of communities. difficult to quantify the benefits of the Federal law relating to offshore safety or (2) This proposed rule would not lives saved and risks avoided due to this other hazardous or unsafe working create a serious inconsistency or proposed regulation, implementation of conditions. These procedures must also otherwise interfere with an action taken a comprehensive SEMS program with include the existing Coast Guard unsafe or planned by another agency. these newly proposed requirements is working conditions reporting (3) This proposed rule would not alter intended to further the goal of avoiding requirements found in 33 CFR 142.7 and the budgetary effects of entitlements, accidents that may result in injuries,

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 56688 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules

fatalities, and serious environmental approximately $10.7 million of the Unfunded Mandates Reform Act of 1995 damage. $26.9 million estimated compliance cost This proposed rule would not impose The compliance cost for managing a for this proposed rule. If the legacy PRA an unfunded mandate on State, local, or comprehensive SEMS program is very burden implementation costs are added tribal governments or the private sector minor compared to the costs associated to the new costs in this proposed of more than $100 million per year. This with major accidents. For example, in rulemaking, small companies’ burden is proposed rule would not have a 1987, prior to industry’s development of about $27.5 million of the estimated significant or unique effect on State, a safety management template for $66.9 million. local, or tribal governments or the offshore operations, the Mississippi While 40 percent is greater than small private sector. A statement containing Canyon 311, A (Bourbon), platform in companies’ share of OCS leases, small the information required by the the Gulf of Mexico was tilted to one side companies hold 45 percent of leases in Unfunded Mandates Reform Act (2 by an extensive underground blowout. the shallow water depths where most U.S.C. 1501 et seq.) is not required. The cost associated with this incident production facilities are located (98 alone was $274,000,000. In 1989, a fire percent of active platforms are in Takings Implication Assessment (E.O. associated with a pipeline repair killed shallow water). 12630) 7 people and destroyed a major The operating risk for small Under the criteria in E.O. 12630, this production facility. The 2010 Macondo companies to incur safety or proposed rule does not have significant blowout event killed 11 people, environmental accidents is not takings implications. The proposed rule destroyed the drilling rig and caused necessarily lower than it is for larger- is not a governmental action capable of billions of dollars in damage. A SEMS sized companies. Offshore operations interference with constitutionally program is not a guarantee of avoiding are highly technical and can be protected property rights. A Takings or preventing all accidents, but hazardous. Adverse consequences in the Implication Assessment is not required. BOEMRE’s intent in requiring a event of incidents, are the same comprehensive SEMS program, which regardless of the operator’s size. We Federalism (E.O. 13132) includes all 13 elements in API RP75 have evaluated a number of alternatives Under the criteria in E.O. 13132, this and these newly proposed provisions in to accommodate small entities and proposed rule does not have federalism this rulemaking, is to reduce the facilitate compliance with the intent of implications. This proposed rule would likelihood of these types of accidents this rulemaking, but were unable to not substantially and directly affect the and incidents and raise the safety identify provisions that would achieve relationship between the Federal and awareness of all personnel. the same safety objectives. State governments. To the extent that Your comments are important. The Regulatory Flexibility Act State and local governments have a role Small Business and Agriculture in OCS activities, this proposed rule An Initial Regulatory Flexibility Regulatory Enforcement Ombudsman would not affect that role. A Federalism Analysis (IRFA) has been prepared for and 10 Regional Fairness Boards were Assessment is not required. this rulemaking and is available as part established to receive comments from of the RIA. The IRFA can be found on small businesses about Federal agency Civil Justice Reform (E.O. 12988) Federal eRulemaking Portal: http:// enforcement actions. The Ombudsman This rule complies with the www.regulations.gov. In the entry titled will annually evaluate the enforcement requirements of E.O. 12988. ‘‘Enter Keyword or ID,’’ enter BOEM– activities and rate each agency’s Specifically, this rule: 2011–0003, then click search. Follow responsiveness to small business. If you (a) Meets the criteria of section 3(a) the instructions to view the RIA and wish to comment on the actions of requiring that all regulations be IRFA and submit public comments for BOEMRE, call 1–888–734–3247. You reviewed to eliminate errors and this rulemaking. may comment to the Small Business ambiguity and be written to minimize The changes proposed in the rule Administration without fear of litigation; and would affect lessees and operators of retaliation. Allegations of (b) Meets the criteria of section 3(b)(2) leases and pipeline right-of-way holders discrimination/retaliation filed with the requiring that all regulations be written in the OCS. This group could include Small Business Administration will be in clear language and contain clear legal about 130 active Federal oil and gas investigated for appropriate action. standards. lessees. Small lessees that operate under this rule fall under the Small Business Small Business Regulatory Enforcement Consultation With Indian Tribes (E.O. Administration’s North American Fairness Act 13175) Industry Classification System (NAICS) The proposed rule is not a major rule Under the criteria in E.O. 13175, we codes 211111, Crude Petroleum and under the Small Business Regulatory have evaluated this proposed rule and Natural Gas Extraction, and 213111, Enforcement Fairness Act (5 U.S.C. 801 determined that it has no substantial Drilling Oil and Gas Wells. For these et seq.). This proposed rule: effects on federally recognized Indian NAICS code classifications, a small a. Would not have an annual effect on tribes. company is one with fewer than 500 the economy of $100 million or more. employees. Based on these criteria, an b. Would not cause a major increase Paperwork Reduction Act (PRA) of 1995 estimated 65 percent of the affected in costs or prices for consumers, This rulemaking proposes to add new companies are considered small. This individual industries, Federal, State, or requirements to current regulations proposed rule, therefore, would affect a local government agencies, or under 30 CFR 250, Subpart S, Safety substantial number of small entities. geographic regions. and Environmental Management Small entities are represented in all c. Would not have significant adverse Systems for Outer Continental Shelf Oil activity levels of OCS operations (high, effects on competition, employment, and Gas Operations. Therefore, an moderate, and low based on the number investment, productivity, innovation, or information collection request is being of offshore complexes the entity the ability of U.S.-based enterprises to submitted to OMB for review and operates). Small companies would bear compete with foreign-based enterprises. approval under 44 U.S.C. 3501 et seq. approximately 40 percent of the costs of The requirements would apply to all The information collection for the this proposed rulemaking. This is entities operating on the OCS. current regulations is approved under

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56689

OMB Control Number 1010–0186 OMB is required to make a decision public or for limited inspection; and 30 (expiration date 10/31/2013, 465,099 concerning the collection of information CFR part 252, OCS Oil and Gas burden hours, $12,933,000 non-hour contained in these proposed regulations Information Program. BOEMRE will use cost burdens). between 30 to 60 days after publication the information to evaluate the effect of As part of our continuing effort to of this document in the Federal industry’s continued improvement of reduce paperwork and respondent Register. Therefore, a comment to OMB OCS safety and environmental burdens, BOEMRE invites the public is best assured of having its full effect management and its compliance with and other Federal agencies to comment if OMB receives it by October 14, 2011. the regulations. It should be noted that on any aspect of the reporting and This does not affect the deadline for the while this rulemaking adds additional recordkeeping burden. If you wish to public to comment to BOEMRE on the burden hours to industry, the vast comment on the information collection proposed regulations. majority of these hours stem from aspects of this proposed rule, please The title of the collection of expanding their current SEMS program, send your comments directly to OMB along with documenting and and send a copy of your comments to information for the rule is 30 CFR part 250, subpart S, Safety and recordkeeping relative to these the Regulations and Standards Branch expanded requirements, to address (see the ADDRESSES section of this Environmental Management Systems for Outer Continental Shelf Oil and Gas and issues raised in testimony, hearings, and notice). Please reference; 30 CFR Part reports being released about the 250, Subpart S, Safety and Sulphur Operations. Respondents are Federal OCS lessees, operators, and Deepwater Horizon explosion and Environmental Management Systems for resulting oil spill. Outer Continental Shelf Oil and Gas independent third-parties. Responses to and Sulphur Operations, 1010–0186 in this collection are mandatory. The This proposed rulemaking would add your comments. You may obtain a copy frequency of response varies, but is 177,077 burden hours through of the supporting statement for the new primarily on occasion. The information expansion of some existing collection of information by contacting collection (IC) does not include requirements and through new the Bureau’s Information Collection questions of a sensitive nature. regulatory requirements to the 465,099 Clearance Officer at (703) 787–1025. BOEMRE will protect proprietary hours already approved for this subpart, The PRA provides that an agency may information according to the Freedom of for a total of 642,176 hour burdens. The not conduct or sponsor, and a person is Information Act (5 U.S.C. 522) and its burden table portrays only the not required to respond to, a collection implementing regulations (43 CFR part Expanded and/or New requirements/ of information unless it displays a 2); 30 CFR 250.197, Data and burden hours that would be added to currently valid OMB control number. information to be made available to the those already approved by OMB.

BURDEN TABLE [Italics show expansion of existing requirements; bold indicates new requirements]

Citation 30 CFR 250 Average number of Additional annual subpart S Reporting and recordkeeping requirement Hour burden annual responses burden hours

1900–1933 Expanded .. High Activity Operator: * * * As part of your 2,848 ...... 13 operators ...... 37,024. SEMS, you must also develop and imple- ment written procedures for SWA and in- clude item as standard info pertaining to SWA in all JSA drills; plan of action re em- ployee participation and implementation; UWA info/designated person; procedures for employees to report unsafe work condi- tions ***.

1900–1933 Expanded .. Moderate Activity Operator: * * * As part of 2,188 ...... 41 operators ...... 89,708. your SEMS, you must also develop and im- plement written procedures for SWA and in- clude item as standard info pertaining to SWA in all JSA drills; plan of action re em- ployee participation and implementation; UWA info/designated person; procedures for employees to report unsafe work condi- tions ***.

1900–1933 Expanded .. Low Activity Operator: * * * As part of your 100 ...... 76 operators ...... 7,600. SEMS, you must also develop and imple- ment written procedures for SWA and in- clude item as standard info pertaining to SWA in all JSA drills; plan of action re em- ployee participation and implementation; UWA info/designated person; procedures for employees to report unsafe work condi- tions ***.

1911(b) Expanded ...... Direct supervisor and onsite supervisory ap- 1 min ...... 130 operators × 365 4,745. proval to conduct a JSA. Employee partici- days × 6 = 284,700*. pation and signing.

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 56690 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules

BURDEN TABLE—Continued [Italics show expansion of existing requirements; bold indicates new requirements]

Citation 30 CFR 250 Average number of Additional annual subpart S Reporting and recordkeeping requirement Hour burden annual responses burden hours

1920(c); 1925(a), (c); Submit to BOEMRE after completed audit, re- Burden already covered under 1010–0186. 1926(e). port of findings and conclusions, including deficiencies and required supporting infor- mation/documentation.

1925(a); 1926(f) ...... Pay for all costs associated with BOEMRE di- Burden already covered under 1010–0186. rected audit approximately 20 percent per operator per category: 3 required audits for high operator ($20,000 per audit × 3 audits = $60,000); 8 required audits for moderate operator ($12,000 per audit × 8 audits = $96,000; and 15 required audits for low op- erator ($9,000 per audit per 15 audits = $135,000) = 26 required audits per year at a total yearly combined cost of $291,000.

1926(a), (d) New ...... Notify BOEMRE in writing of nomination of 3 ...... 130 operators once 129. independent third party auditor, submit re- every 3 years = 43. quest 30 days prior to audit re approval with relevant information; include signed statement re owned/controlled by operator and submit new nomination if needed.

1928Expanded ...... * * * (4) SWA documentation must be kept 2 hrs/mo × 12 mos/yr 1,007 manned facilities 24,168. onsite for 30 days; retain records for 2 = 24 hrs. years. (5) Document and retain employee 30 mins ...... 2,447 unmanned facili- 1,224 (rounded) participation records for 2 years. (6) All doc- ties. umentation included in this requirement must be made available to BOEMRE upon request.

1930(c) New ...... Document decision to resume SWA activities 8 ...... Once every 2 weeks = 208. 26.

1932(d), (e) New ...... Upon request, provide BOEMRE copy of em- 1 ...... 43 audits ...... 43. ployee participation program; make pro- gram available during an audit.

1933(c) NEW ...... Employee reports unsafe practices and/or 10 mins ...... 1 oral ...... 1 hour (rounded). health violation. 30 mins ...... 1 written ......

1933(f) New ...... Post notice where employees can view em- 30 mins ...... 3,454 facilities ...... 1,727. ployees’ rights for reporting unsafe prac- tices.

1933(h) New ...... Provide to all employees unsafe activities 10 mins ...... 63,000 full/part time 10,500. card with relevant information. employees.

Total Hour Burden to be added to 30 CFR 250, subpart S ...... 177,077 hours. * We calculated operators conducting six JSAs a day (3 JSAs for each 12-hour shift). Some contractors may perform none for a particular day, whereas others may conduct more than six per day. This estimate is an average.

BOEMRE specifically solicits who are to respond, including the use startup cost component, and (b) Annual comments on the following questions: of appropriate automated electronic, operation, maintenance, and purchase (a) Is the proposed collection of mechanical, or other forms of of services component. Your estimates information necessary for BOEMRE to information technology? should consider the costs to generate, properly perform its functions, and will In addition, the PRA requires agencies maintain, and disclose or provide the it be useful? to estimate the total annual reporting information. You should describe the (b) Are the estimates of the burden and recordkeeping non-hour cost methods you use to estimate major cost hours of the proposed collection burden resulting from the collection of factors, including system and reasonable? information. We have not identified any technology acquisition, expected useful (c) Do you have any suggestions that additional costs in this proposed life of capital equipment, discount would enhance the quality, clarity, or rulemaking, and we solicit your rate(s), and the period over which you usefulness of the information to be comments on this item. For reporting incur costs. Generally, your estimates collected? and recordkeeping only, your response should not include equipment or (d) Is there a way to minimize the should split the cost estimate into two services purchased: information collection burden on those components: (a) Total capital and (1) Before October 1, 1995;

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56691

(2) To comply with requirements not rulemaking and other actions that could Effects on the Energy Supply (E.O. associated with the information together contribute to cumulatively 13211) collection; significant effects. (3) For reasons other than to provide This rule is not a significant energy Most subsections of the rule address information or keep records for the action under the definition in E.O. strictly administrative, technical, and/or Government; or 13211. A Statement of Energy Effects is (4) As part of customary and usual procedural matters. Specific examples not required. business or private practices. include definitions of terminology, scope and timing of documentation, Clarity of This Regulation National Environmental Policy Act of recordkeeping, and transfer of We are required by E.O. 12866, E.O. 1969 information, and general descriptions of 12988, and by the Presidential This rule does not constitute a major what is to be included in written Memorandum of June 1, 1998, to write Federal action significantly affecting the procedures. The rule does not create the all rules in plain language. This means quality of the human environment. potential for environmental effects as a that each rule we publish must: BOEMRE has analyzed this proposed result of new technologies, technology rule under the criteria of the National configurations, or technological (a) Be logically organized; Environmental Policy Act and 516 procedures as such measures are not (b) Use the active voice to address Departmental Manual 15. This proposed part of the rule. For aspects of the rule readers directly; rule meets the criteria set forth in 43 dealing with mechanical integrity and (c) Use clear language rather than CFR 46.210 for a Departmental inspections, the requirements are jargon; ‘‘Categorical Exclusion’’ in that this rule procedural and technical as the rule is ‘‘ * * * of an administrative, covers the content of the written (d) Be divided into short sections and financial, legal, technical, or procedural procedures. While the rule identifies the sentences; and nature. * * *’’ Further, BOEMRE has requirement, it allows the operator to (e) Use lists and tables wherever analyzed this rule to determine if it choose the means to achieve compliance possible. meets any of the extraordinary as long as the means are consistent with If you feel that we have not met these circumstances that would require an the SEMS requirements. requirements, send us comments by one environmental assessment or an of the methods listed in the ADDRESSES environmental impact statement as set Other subsections require activities in section. To better help us revise the forth in 43 CFR 46.215. addition to administrative tasks, Each section and subsection has also advance planning and procedural rule, your comments should be as been reviewed to ensure that no documentation, such as training and specific as possible. For example, you potentially relevant extraordinary emergency response drills, and require should tell us the numbers of the circumstances apply to the proposed corrective procedural actions that sections or paragraphs that you find action that would warrant the address human errors identified in unclear, which sections or sentences are preparation of an environmental investigations. These requirements are too long, the sections where you feel assessment or environmental impact also considered procedural in nature lists or tables would be useful, etc. statement. All extraordinary since the subsections describe general Public Availability of Comments circumstances were considered in and ordered steps that operators must accordance with 43 CFR 46.215, but undertake to have and maintain a Before including your address, phone only the following ones are potentially compliant SEMS program. Subsections number, email address, or other applicable: that require training of personnel on personal identifying information in your a. Have significant and adverse conducting drills are procedural in that comment, you should be aware that impacts on public health or safety. they target the cognitive skills and your entire comment—including your b. Establish a precedent for future knowledge of personnel (e.g., personal identifying information—may action or represent a decision in § 250.1915(b)) and/or clarify the be made publicly available at any time. principle about future actions with purpose and/or scope of training (e.g., While you can ask us in your comment potentially significant environmental § 250.1918(c)). For example, in to withhold your personal identifying effects. § 250.1918, BOEMRE requires training information from public review, we c. Have a direct relationship to other and drills for personnel to exercise cannot guarantee that we will be able to actions with individually insignificant elements in the Emergency Action Plan do so. but cumulatively significant that focus on response, control, and List of Subjects in 30 CFR Part 250 environmental effects. evacuation procedures and reporting. The first extraordinary circumstance The principal purpose of this is to Administrative practice and does not apply since rule promulgation ensure retention of and refine the skills, procedure, Continental shelf, would not contribute to any significant knowledge, and abilities of personnel. Environmental protection, Public and adverse impacts on public health BOEMRE concluded that this rule does lands—mineral resources, Reporting and safety. The SEMS program is likely not meet any of the criteria for and recordkeeping requirements. to improve OCS safety, given the available incident data trends and extraordinary circumstances as set forth Dated: September 9, 2011. in 43 CFR 46.215. associated 10 years of analysis. The Ned Farquhar, second extraordinary circumstance does Data Quality Act Deputy Assistant Secretary—Land and not apply since the promulgation of the Minerals Management. rule or the eventual implementation of In developing this rule, we did not SEMS by operators does not set conduct or use a study, experiment, or For the reasons stated in the precedent for future actions or decisions survey requiring peer review under the preamble, Bureau of Ocean Energy by BOEMRE. The last extraordinary Data Quality Act (Pub. L. 106–554, app. Management, Regulation and circumstance does not apply since there C § 515, 114 Stat. 2763, 2763A–153– Enforcement (BOEMRE) proposes to is no direct relationship between this 154). amend 30 CFR part 250 as follows:

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 56692 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules

PART 250—OIL AND GAS AND (1) Your JSA identifies, analyzes, and (c) Communication requirements to SULPHUR OPERATIONS IN THE records: ensure that whenever a change is made OUTER CONTINENTAL SHELF (i) The steps involved in performing to the methods of recognizing and a specific job; identifying hazards and how to develop 1. The authority citation for 30 CFR (ii) The existing or potential safety and implement JSAs (§ 250.1911), part 250 continues to read as follows: and health hazards associated with each operating procedures (§ 250.1913), safe Authority: 31 U.S.C. 9701, 43 U.S.C. 1334. step; and work practices (§ 250.1914), emergency (iii) The recommended action(s)/ 2. Amend § 250.1902 by adding response and control measures procedure(s) that will eliminate or (§ 250.1918), stop work authority paragraphs (a)(14), (a)(15), (a)(16), and reduce these hazards and the risk of a (a)(17) to read as follows: (§ 250.1930), ultimate work authority workplace injury or illness. (§ 250.1931), employee participation § 250.1902 What must I include in my (2) The immediate supervisor of the program (§ 250.1932), or the reporting of SEMS program? crew conducting the work must conduct unsafe work conditions (§ 250.1933), * * * * * the JSA, sign the JSA, and ensure that personnel will be trained in or (a) * * * all personnel participating in the job otherwise given notice of the change sign as well. (14) Stop Work Authority (see before they are expected to operate the (3) The person onsite designated by § 250.1930). facility. the operator as the person in charge of (d) Identify how you will verify that (15) Ultimate Work Authority (see the facility must approve and sign the § 250.1931). the contractors are trained in the work JSA. practices necessary to perform their jobs (16) Employee Participation (see (4) A single JSA remains sufficient § 250.1932). in a safe and environmentally provided that the relevant activity is responsible manner, including training (17) Reporting Unsafe Work recurring, without major changes to Conditions (see § 250.1933). on the methods of recognizing and personnel, procedures, equipment, identifying hazards, and the * * * * * environmental conditions, or other implementation of JSAs (§ 250.1911), 3. Amend § 250.1903 by adding major issues associated with that operating procedures (§ 250.1913), safe definitions of ‘‘Management’’ and activity. work practices (§ 250.1914), emergency ‘‘Mobile offshore drilling unit or (c) As part of your SEMS program, all response and control measures MODU’’ in alphabetical order to read as employees and contractors who perform (§ 250.1918), stop work authority follows: activities on the OCS that are regulated (§ 250.1930), ultimate work authority under BOEMRE jurisdiction must be § 250.1903 Definitions. (§ 250.1931), employee participation trained on the methods of recognizing * * * * * program (§ 250.1932), and the reporting and identifying hazards, and the unsafe of work conditions (§ 250.1933). Management means a team of development and implementation of individuals who have the day-to-day 6. Amend § 250.1920 by: your JSA. You must provide training to a. Revising the first sentence of responsibilities for overseeing these personnel within 30 days of paragraph (a), and operations conducted on a facility or employment, and not less than once b. Revising paragraphs (b)(6) and (c) providing instruction to operational every 12 months thereafter. to read as follows: personnel, including but not limited to (d) You must verify that contractors employees and contractors working on a have received training and that § 250.1920 What are the auditing facility or in the company’s onshore contractor employees have understood requirements for my SEMS program? offices. the training. (a) You must have your SEMS Mobile offshore drilling unit or MODU 5. Amend § 250.1915 by revising the program audited by an independent means a vessel capable of engaging in introductory text and paragraphs (c) and third party according to the drilling well workover, well completion (d) to read as follows: requirements of this subpart and API RP and well servicing operations for 75, Section 12 (incorporated by exploring or exploiting subsea oil, gas or § 250.1915 What criteria for training must reference as specified in § 250.198) be in my SEMS program? other mineral resources. within two years of the initial Your SEMS program must establish * * * * * implementation of the SEMS program and implement a training program so 4. In § 250.1911, revise paragraph (b) and at least once every three years that all personnel who perform and add new paragraphs (c) and (d) to thereafter. * * * activities on the OCS that are regulated read as follows: (b) * * * under BOEMRE jurisdiction are trained (6) Section 12.6 Audit Team. The § 250.1911 What criteria for Hazards to work safely and are aware of potential audit that you submit to BOEMRE must Analyses must my SEMS program meet? environmental impacts offshore, in be conducted by an independent third * * * * * accordance with their duties and party. The independent third party must (b) Job Safety Analysis (JSA). You responsibilities. Training must address meet the requirements in § 250.1926. must ensure a JSA is prepared, the methods of recognizing and (c) You must require the independent conducted, and approved for OCS identifying hazards and how to develop third party auditor to submit an audit activities that are regulated under and implement JSAs (§ 250.1911), report of the findings and conclusions of BOEMRE jurisdiction that are identified operating procedures (§ 250.1913), safe the audit to BOEMRE within 30 days of or discussed in your SEMS program. work practices (§ 250.1914), emergency the audit completion date. The report The JSA is a technique used to identify response and control measures must outline the results of the audit, risks to personnel associated with the (§ 250.1918), stop work authority including any deficiencies identified activity and the appropriate mitigation (§ 250.1930), ultimate work authority through the audit. to reduce these risks. The JSA must (§ 250.1931), employee participation * * * * * include all personnel involved with or program (§ 250.1932), and the reporting 7. Amend § 250.1924 by: affected by the activity being conducted. of unsafe work conditions (§ 250.1933). a. Revising the second sentence of You must ensure that: * * * * * paragraph (a), and

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56693

b. Revising paragraph (b)(2) to read as party auditor, then you must submit a notification to stop work must comply follows: new nomination. with that direction immediately. (e) The independent third party (c) Work may be resumed upon a § 250.1924 How will BOEMRE determine if auditor’s audit report must meet the determination by the person on the my SEMS program is effective? criteria in § 250.1920(c) and the facility with ultimate work authority (a) * * * BOEMRE or its authorized independent third party auditor must that the imminent risk or danger that led representative may evaluate your SEMS submit the audit report to BOEMRE and to the stoppage does not exist or no program, including documentation of the operator. BOEMRE will notify the longer exists. The decision to resume contractors, independent third parties, operator if BOEMRE accepts or rejects activities must be documented in and auditors, and audit reports, to the audit report. writing as soon as practicable. assess your SEMS program. * * * (f) You are responsible for all of the (d) You must include SWA authority (b) * * * and expectations as a standard line item (2) The qualifications of the costs associated with the audit. 9. Amend § 250.1928 by: in all JSA drills. independent third party; a. Redesignating paragraph (f) as (e) You must conduct training on your * * * * * paragraph (h), and SWA Policy and Program as part of all 8. Revise § 250.1926 to read as b. Adding new paragraphs (f) and (g) new employee and contractor follows: to read as follows: orientations that perform activities on § 250.1926 What qualifications must an the OCS that are regulated under § 250.1928 What are my recordkeeping independent third party auditor meet? BOEMRE jurisdiction. Additionally, a and documentation requirements? (a) You must nominate an review of the SWA Policy must be * * * * * independent third party to audit your completed as part of all safety meetings. (f) For Stop Work Authority (SWA), SEMS program. The independent third 11. Add new § 250.1931 to read as you must document all training and party auditor must be capable of follows: reviews and must ensure that these performing all tasks associated with a records are kept on the facility for 30 § 250.1931 What must be included in my SEMS program audit. You must notify days. You must retain these records for SEMS program for ‘‘Ultimate Work BOEMRE in writing of your nomination two years and make them available to Authority’’ (UWA)? and must submit a request to BOEMRE (a) For fixed and floating facilities for approval at least 30 days prior to BOEMRE upon request. (g) For Employee Participation, you (e.g., floating production systems; your next audit. The request must state floating production, storage and the name and address of the nominated must document that your employees participated in the development and offloading facilities; tension-leg individual or organization and the platforms; and spars) and for MODUs request must include the following implementation of the SEMS program, retain these records for two years and performing activities under BOEMRE’s listed items: jurisdiction, your SEMS program must (1) Qualifications of the individual or make them available to BOEMRE upon identify the person with the ultimate organization related to: request. (i) Education and previous experience * * * * * work authority (UWA), i.e. the person with SEMS, or similar management 10. Add new § 250.1930 to read as located on the facility or MODU with related programs; follows: the final responsibility for making (ii) Previous experience with decisions relating to activity and BOEMRE regulatory requirements and § 250.1930 What must be included in my operations on the facility. This person SEMS program for ‘‘Stop Work Authority’’ must be designated by the operator procedures; (SWA)? (iii) Educational background and taking into account all applicable Coast previous experience relevant to (a) Your SEMS program must include Guard regulations that deal with understanding and evaluating how the SWA procedures that authorize and designating a ‘‘person in charge’’ (in operator’s offshore activities, raw make responsible any and all employees accordance with USCG definition) of a materials, production methods and and other personnel (including MODU or OCS facility found in 33 CFR equipment, products, byproducts, and contractors) who perform activities on 146.5 and 46 CFR 109.109. Your SEMS business management systems may the OCS that are regulated under program must clearly define who is in impact health and safety performance in BOEMRE jurisdiction and witness an charge at all times. the workplace; and activity that creates an imminent risk or (b) You must ensure that all personnel (2) A statement signed by the danger to the health or safety of an clearly know who has UWA and who is operator’s management that the individual, the public, or to the in charge of a specific operation or independent third party auditor is not environment to immediately stop the activity that are regulated under owned or controlled by, or otherwise work that is creating the risk or danger. BOEMRE jurisdiction, including when affiliated with, the operator’s company: In this section, imminent risk or danger that responsibility shifts to a different (b) You must have procedures to means any conditions activities or person. avoid conflicts of interest related to the practices in the workplace that could (c) The operator must ensure that all development of your SEMS program reasonably be expected to cause: the provisions of its SEMS program are and the independent third party auditor. (1) Death or serious physical harm implemented on fixed and floating If an independent third party developed immediately or before the risk or danger facilities, and on MODUs conducting and/or maintains your SEMS program, can be eliminated through enforcement activities under BOEMRE’s jurisdiction. then that person and/or its subsidiaries procedures; or (d) The SEMS program must provide cannot audit your SEMS program. (2) Significant, imminent harm to that if an emergency occurs that creates (c) After evaluating the qualifications land, air, aquatic, marine or subsea an imminent risk or danger to the health of the nominated independent third environments or resources. or safety of an individual, the public, or party auditor, BOEMRE may or may not (b) The person in charge of a specific to the environment (as specified in approve your nomination. activity is responsible for ensuring the § 250.1930(a)), the person with the (d) If BOEMRE does not approve your work is stopped in an orderly and safe UWA is authorized to pursue the most nomination of an independent third manner. Individuals who receive a effective action necessary in that

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 56694 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules

person’s judgment for mitigating and whether a violation or other hazardous ENVIRONMENTAL PROTECTION abating the conditions or practices or unsafe working condition exists. AGENCY causing the emergency. (1) To report hazardous or unsafe 40 CFR Part 52 12. Add new § 250.1932 to read as working conditions or a violation, you follows: can contact BOEMRE by: [EPA–R09–OAR–2011–0638; FRL–9463–9] § 250.1932 What are my employee (2) [By Phone]: 1–877–440–0173 or participation program requirements? Approval and Promulgation of Air 202–208–5646 (BOEMRE Safety Quality Implementation Plans; (a) Management must consult with Hotline). California; Determinations of Failure their employees on the development (3) [Write To]: U.S. Department of the To Attain the One-Hour Ozone and implementation of the company’s Interior, Bureau of Ocean Energy Standard SEMS program. Management, Regulation and (b) Management must develop a AGENCY: Environmental Protection Enforcement, Investigations and Review written plan of action regarding how Agency (EPA). Unit, 1849 C Street, NW., MS–5560, appropriate employees, in both the ACTION: Proposed rule. operator’s offices and working on Washington, DC 20240, Attention: IRU offshore facilities, will participate in Hotline Operations. You should include SUMMARY: The EPA is proposing to their SEMS program development and the following items in your report: determine that three areas in California, implementation. (i) Your name, address, and telephone previously designated nonattainment for (c) You must provide each employee number (Anonymous reports can be the one-hour ozone national ambient air of the operator and each contractor processed in regards to unsafe working quality standard (NAAQS), did not access to your SEMS program. activities. If you would like to make an attain that standard by their applicable (d) Management must provide anonymous safety-only report, please attainment dates: the Los Angeles-South BOEMRE a copy of their employee use the BOEMRE Safety Hotline listed Coast Air Basin Area (‘‘South Coast’’), participation program upon request. above.); the San Joaquin Valley Area (‘‘San (e) Management must assure that their Joaquin Valley’’), and the Southeast employee participation program is made (ii) The specific order or regulation of Desert Modified Air Quality available during an audit. BOEMRE, or the specific provision of Maintenance Area (‘‘Southeast Desert’’). 13. Add new § 250.1933 to read as Federal law in question (if known); These proposed determinations are follows: (iii) Any other facts, data, and based on three years of quality-assured and certified ambient air quality § 250.1933 What criteria must be included applicable information. monitoring data for the period for reporting unsafe work conditions? (d) After reviewing the report and preceding the applicable attainment conducting any necessary investigation, (a) Your SEMS program must include deadline. procedures that address the reporting of BOEMRE will notify the operator of any unsafe work conditions. These deficiency or hazard and initiate DATES: Written comments must be procedures must include the existing enforcement measures as the received on or before October 14, 2011. Coast Guard unsafe working conditions circumstances warrant. ADDRESSES: Submit your comments, reporting requirements found in 33 CFR (e) The identity of any person making identified by Docket No. EPA–R09– 142.7 and 46 CFR 109.419. a report under paragraph (c) of this OAR–2011–0638, by one of the (b) The unsafe work conditions following methods: section shall not be made available, section of your SEMS program must 1. Federal Rulemaking Portal: http:// without the permission of the reporting ensure all personnel including the www.regulations.gov. Follow the on-line person, to anyone other than the operator’s employees contractor instructions for submitting comments. employees, as well as, contractors employees of BOEMRE who have a need 2. E-mail: Doris Lo at providing domestic services to the for the record in the performance of [email protected]. lessee or other contractors, including their official duties. 3. Fax: Doris Lo, Air Planning Office domestic services include janitorial (f) All operators must post a notice (AIR–2), at fax number 415–947–3579. work, food and beverage service, explaining personnel rights and 4. Mail: Doris Lo, Air Planning Office laundry service, housekeeping, and remedies under this section. The notice (AIR–2), U.S. Environmental Protection similar activities, who perform activities must be posted at the place of Agency, Region IX, 75 Hawthorne, San on the OCS that are under BOEMRE employment in a visible location Francisco, California 94105. jurisdiction are covered by the program. frequently visited by personnel. 5. Hand or Courier Delivery: Doris Lo, An employee or contractor is not Air Planning Section (AIR–2), U.S. (g) Each operator must provide required to know whether a specific Environmental Protection Agency, BOEMRE order or regulation has been training to employees on unsafe work Region IX, 75 Hawthorne, San violated in order to report unsafe conditions policy within 30 days of Francisco, California 94105. Such conditions. employment, and not less than once deliveries are only accepted during the (c) Any person may report to every 12 months thereafter. Docket’s normal hours of operation. BOEMRE a possible violation of any (h) Each employee must be provided Special arrangements should be made BOEMRE order, standard, or regulation a card that contains the BOEMRE for deliveries of boxed information. in this subchapter, or other Federal law telephone number (1–877–440–0173) Instructions: Direct your comments to relating to offshore safety, or any other which employees can call to get Docket ID No. EPA–R09–OAR–2011– hazardous or unsafe working condition information or report unsafe activities 0638. EPA’s policy is that all comments on any facility engaged in OCS activities under this section. received will be included in the public under BOEMRE jurisdiction. The report docket without change and may be [FR Doc. 2011–23537 Filed 9–13–11; 8:45 am] should contain sufficient credible made available online at http:// information to establish a reasonable BILLING CODE 4310–MR–P www.regulations.gov, including any basis for BOEMRE to investigate personal information provided, unless

VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS